Joseph Tsiyoni — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 SEP 2 0 2019 Joseph Tsiyoni 1415 N. Rose Street Tempe, AZ 85281 Reference No. 19-0054 Dear Mr. Tsiyoni: This letter is in response to your April 19, 2019, letter and subsequent phone conversations requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of battery-powered mobility aid equipment. Specifically, you ask for clarification of requirements in § 175.10 for battery-powered mobility aid equipment. We have paraphrased and answered your questions as follows: Q 1. You ask whether lithium batteries may be used to operate a scooter "on the ground" that have not been tested according to Part III, Sub-section 38.3 of the UN Manual of Tests and Criteria. Al. The HMR do not govern the personal (non-commercial) use of lithium batteries. However, batteries that have not been tested in accordance with the UN Manual of Tests and Criteria are generally not acceptable for transportation in commerce in the United States. Therefore, it is unlikely that a person will have access to a lithium battery that has not been appropriately tested due to transport restrictions. Q2. You state that the requirements in § 175.1 0(a)(l 5)(v)(B) to fully enclose batteries in a rigid housing is impracticable for "scooters" as the batteries must be available for removal by the user and ask whether these requireµients apply to a wheelchair or other mobility aid equipped with a lithium ion battery carried as carry-on baggage. A2. The requirements in § 175.1 0(a)(l 5)(v)(B) are for wheelchairs or other battery-powered mobility aids equipped with nonspillable batteries. The requirements for wheelchairs or other battery-powered mobility aids equipped with lithium ion batteries are prescribed in § 175.1 0(a)(l 7). Section 175.1 0(a)(l 7)(ii)(A-D), (iii) and (iv) prescribe the requirements for a lithium ion battery-powered mobility aid designed with a nonremovable battery and#

Page 2Q3. A3. § 175.1 0(a)(l 7)(v)(A-E) prescribe the requirements for a lithium ion battery-powered mobility aid specifically designed to allow its battery to be removed ( e.g., collapsible). You ask for an increase in the "size" limit for a lithium ion battery that powers a wheelchair or other mobility aid that is specifically designed to allow the battery to be removed by the user when carried in checked or carry-on baggage. Under current HMR, lithium ion batteries designed to be removed from mobility aids may not exceed 300 watt-hours (Wh); a maximum of one spare lithium ion battery not exceeding 300 Wh or two spares each not exceeding 160 Wh each may be carried in carry-on baggage only (see§ 175.10(a)(l 7)(v)). You may petition PHMSA for rulemaking to obtain the requested relief from the § 175.1 0(a)(l 7)(v) requirements. An applicant may request PHMSA add, amend, or delete a regulation in the HMR by submitting a petition for rulemaking (See 49 CPR § 106.95- 106.130). You may obtain information on the petition for rulemaking application process by contacting PHMSA's Standards and Rulemaking Division at (202) 366-8553. For additional information regarding the transportation of mobility aids aboard aircraft, please visit the FAA Pack Safe Web site (see http://www.faa.gov/Go/PackSafe). I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely,#

Page 3=============~============JOSEPHTSIYONi= ====~========~=-= ===-== 1415 N. Rose Street Phone: (4 0) 949-0894 Tempe, Arizona 85281 Tsiyoni@Cox.Net April 19, 20'19 Mr. T. Glenn Foster Chief, Regulatory Review & Reinvention Branch Standards & Rulemaking Division. US DOT, Pipeline & Hazardous Material Saft.~ty Administration 1200 New Jersey Ave., SE, Washington DC 20590 Re: Ref No. 18-0156: FOLLOW UP and SUGGESTED CH NGES Dear Mr. Foster: Thank you Sir for taking the time to address rr,y concern, which helped to full foliow the laws regarding the use or !ithiurn r ✓ atte : · i es in scoc-ter~:; fm handicap. Sir, two smali issuc:·s, ac;::; rn~= idea me left Viet", anJ I wcuid aµpic dalc your quick help. A. USING A SCOOTER ON THE GROUND I THE United 0 tates with lithium battery which DID NOT went through U.N. 38.3 certifica te for batteries and/or cells: It is my understanding that such is NOT AL.LOWE , me3ns the use of every scooter must be with a lithium battery that has U.N. 38.8 certificates for both, battery and cells. However, some don't think so. 8. I got confused about your last sentence in last par• graph in page one: "The exception in§ 175.10 apply to shipment of hazardous materials by aircraft only". 1. The exception f 175.10 means no limit to battery size while the battery is non- spillable batteries and "Unless fully enclosed in a rigid housing". (175.10-a-15-V-B). However, if the battery is removable, it must be taken to the cabin (with proper notice) BUT MUST BE UNDER 300 WH (about 7.8 Ah) . So, Sir, what did you mean by that sentence quoted in "8"? B 1. The limitation that the battery must be "fully enclosed in a rigid hous ·ng" (175.1 O-a- 15-V-B): IS NOT PRACTICABLE: Only wheelchair have that, but for other scooters, it is impossible for the manufacturer to seal the battery as required, because battery must be available for removal by the user, when he or she needs to change, or replace, or to remove before loading the scooter in a car trunk. IN MY OPINION, dot SHOULD change the law to reflect that "or it must be well secured on the scooter which it cannot be removed without special tool used by the user~ and all electric connection ere removed and outlets properly c vered" (so that n one else can remove, or it wont be removed by mistake. That way, it will be much easier for the person vith cfr ... ability to use the scooter without carryiw· it to t~:e cabin.#

Page 4Page Two/ Mr. Foster FOR ME SIR, IT IS IMPORTANT, and too complicated to carry to the cabin, as otherwise! can check in the scooter like a luggage!!! DOT has taken that from rne, AND I THINK IT IS NOT RIGHT. Every time I want to check in the scooter, I must remove the battery and carry to the cabin. I would like to ask for an exemption for me until and if the law is changed, of course pending making it secured, and covering outlet , etc. lt is too difficult otherwise. C. CHANGE OF LlM iTATl()N OF BATTERY 0. i .A.,RCRAFT frun 300 W H: Due to power issue and usin9 l3rger motor, like 350 VV or even, in the future 400W: The limitation of 300 W limits the bc:~ttery to 8 h which is too week and is 900d for short range. At least the law should allow Hie use of battery up to 10 Ah and 36W , i.e.= 360WH instead ot · nder 300. The last two issues will make a huge dtfferent in life o-f people with disability. I would appreciate your direction and also con, ideration of the last two sugge tions. I think the DOT was caught up with the issue of battery to be secured to the ccooter by the manufacturer, which CAN ONLY BE APPLIED 01\! ELECTRIC WHEELCHAIR, AS THAT IS TRADITIONALLY. Thus, all other scooter with removable battery mak s the life of the person with disability difficult. I hope you can initiate changes and I hope I can be updated. Thank you very much.#

Page 5U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 April 10, 2019 Mr. Joseph Tsiyoni 1415 North Rose Street Tempe, AZ 85281 Reference No. 18-0156 - - ~c, .. ~, - - • ·- ~ - ----- . Dear Mr. Tsiyoni: This letter is in response to your December 6, 2018, phone conversations and emails requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to United Nations (UN) testing oflithium ion batteries. We have paraphrased and answered your questions as follows: QI. You seek confirmation of your understanding that the criteria in Part III, Sub-section 38.3 of the UN Manual of Tests and Criteria, along ·with the provisions in§§ 173.185 and 175.10 of the HMR, are applicable to the transport of any lithium battery by any mode of transport. A 1. .. Your understanding is correct. Shippers of lithium ion batteries or lithium metal batteries must comply with the packaging instructions in § 173 .185 of the HMR, which states in paragraph (a) that each lithium cell or battery must be of the type proven to meet the criteria in Part III, Sub-section 38.3 of the UN Manual of Tests and Criteria. Section 173.185(a) further states that lithium cells and batteries are subject to these tests regardless of whether the cells used to construct the battery are of a tested type. Section· 173.1(a)(2) states that P-attl73 of the HMR includes the requirements to be observed in preparing hazardous materials for shipment by air, highway, rail, or water, or any combination thereof. Therefore, the requirements of§ 173 .185-more specifically the . requirement that all batteries be tested to meet the criteria in Part III, Sub-:-section 38.3 of the UN Manual of Tests and Criteria-are applicable to all lithium batteries shipped by . any mode of transportation. Section 175.10 provides exceptions for passengers, crewmembers, and air operators transporting lithium batteries aboard aircraft as part of a wheelchair or mobility aid. These lithium batteries are excepted from the requirements of the HMR provided they meet the criteria in Part III, Sub-section 38.3 of the UN Manual of Tests and Criteria, unless approved by the Associate Administrator of Hazardous Materials Safety (See § 175.IO(a)(l 7)(i)). The exceptions in§ 175.10 apply to shipments of hazardous materials by aircraft only.#

Page 6Q2. You ask whether lithium batteries may be used on the ground if they have not been tested according to Part III, Sub-section 38.3 of the UN Manual of Tests and Criteria A2. The HMR do not govern the use of lithium batteries. However, batteries that have not been tested according to the UN Mru:1.ual of Tests and Criteria are generally not acceptable for transport in th, e United States according to the HMR .I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, .,, -A/"/ ,ZS ::;----~ -r-y'~~U0--v~. -- --: T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rnlemaking Division#